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Same Sex Marriage And The Constitution

Author: Evan Gerstmann
Publisher: Cambridge University Press
ISBN: 1107174295
Size: 69.58 MB
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A clearly written and accessible explanation of the Supreme Court's same-sex marriage decision, its reasoning, and the consequences and controversies surrounding it.

Legally Wed

Author: Mark Strasser
Publisher: Cornell University Press
ISBN: 1501717723
Size: 59.70 MB
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In a new preface, Mark Strasser discusses recent developments in the legal battle over same-sex marriages in Hawaii. He anticipates the likely state and nationwide impact of the Hawaii Supreme Court's decision. Mark Strasser examines the issue of same-sex marriage in light of contemporary constitutional and domestic relations law, showing why the usual arguments against recognizing such unions are either weak or irrelevant. The Supreme Court has articulated numerous interests promoted by marriage, all of which apply to same-sex as well as opposite-sex couples. According to Strasser, the argument made most frequently to deny recognition to same-sex unions—that marriage exists to provide a setting for the production and raising of children—is in fact a reason to acknowledge such unions. The claim that marriage is for children biologically related to both parents is refuted in the case law, which treats biological and adopted children as legally indistinguishable. Strasser explains Baehr v. Lewin, the precedent setting case in Hawaii, and addresses the implications of state-by-state decisions to ban or recognize same-sex unions. He analyzes what it would mean to say that a policy violates the Equal Protection or Due Process Clauses of the Constitution, and compares biased polices that target gays and lesbians with those that victimize racial minorities. Strasser argues that the Defense of Marriage Act (DOMA) is both unconstitutional and a public policy disaster. It does not give states additional rights with respect to which marriages they need not recognize, Strasser explains, but only with respect which divorces they need not recognize. For example, DOMA seems to allow an individual to avoid a court-imposed duty to support an ex-spouse of the same sex simply by changing his or her domicile. Moreover, Strasser argues, DOMA is an open invitation for states to demand exceptions that will wreak havoc in domestic relations law. In a recent response to conservative arguments about marriage, Legally Wed explicates established and involving legal principles, and shows how invidiously these have been applied to the issues of gay rights in general and same-sex unions in particular.

Same Sex Marriage And The Constitution

Author: Evan Gerstmann
Publisher: Cambridge University Press
ISBN: 9780521009522
Size: 74.85 MB
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Same Sex Marriage and the Constitution argues that same-sex marriage is an important constitutional issue facing society.

On Same Sex Marriage Civil Unions And The Rule Of Law

Author: Mark Philip Strasser
Publisher: Greenwood Publishing Group
ISBN: 9780275977610
Size: 11.83 MB
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The United States Constitution has already been interpreted to provide a variety of family-related protections which, if applied consistently, also protect same-sex couples and their children. Only by radically reformulating and severely undermining existing protections can courts and commentators justify the claim that the Federal Constitution does not offer a wealth of family protections, including the right to marry a same-sex partner. Discussing the constitutional implications of civil unions with a special focus on how they might be treated in the interstate context, Strasser explains how the courts and commentators have reworked and significantly weakened a variety of constitutional protections in their attempts to establish that same-sex couples are not afforded constitutional protections. He further suggests that the constitutional protections for religion support rather than undermine the constitutional protection of same-sex unions.

The Challenge Of Same Sex Marriage

Author: Mark Philip Strasser
Publisher: Greenwood Publishing Group
ISBN: 9780275966249
Size: 49.42 MB
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This text examines the constitutional dimensions of the same-sex marriage referenda in Hawaii and Alaska, and discusses the limited conditions under which the US constitution allows states to refuse recognition of same-sex marriages validly celebrated in a sister state.

Same Sex Marriage Pro And Con

Author: Andrew Sullivan
Publisher: Vintage
ISBN: 0307490424
Size: 21.79 MB
Format: PDF
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With same-sex marriage igniting a firestorm of controversy in the press and in the courts, in legislative chambers and in living rooms, Andrew Sullivan, a pioneering voice in the debate, has brought together two thousand years of argument in an anthology of historic inclusiveness and evenhandedness. Among the selections included here: - The 2003 Massachusetts Supreme Judicial Court ruling in support of same-sex marriage - Justice Kennedy’s majority opinion and Justice Scalia’s dissent in the 2003 landmark Supreme Court decision striking down anti-sodomy laws - President George W. Bush’s call for a Federal Marriage Amendment - John Kerry’s Senate speech urging defeat of the Defense of Marriage Act - Harvard historian Nancy F. Cott's testimony before the Vermont House Judiciary Committee - Reverend Peter J. Gomes on the distinction between civil and religious marriage - Stanley Kurtz on the politics of gay marriage - Evan Wolfson on the popularity of the right to marry among lesbians and gay men - New York Times op-ed columnist David Brooks’ conservative case for same-sex marriage - Excerpts from Genesis, Leviticus, and other essential biblical texts - Aristophanes’s classic theory of same-sex love, from Plato’s Symposium - Hannah Arendt on marriage as a fundamental right - Camille Paglia’s skepticism Representing the full range of perspectives and the most cogent and arresting arguments, Same-Sex Marriage is essential to a balanced understanding of the most pressing cultural question we face today. From the Trade Paperback edition.

Same Sex Marriage

Author: Patricia M. Stockland
Publisher: ABDO Publishing Company
ISBN: 1617852619
Size: 64.44 MB
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Discusses the controversial viewpoints regarding same-sex marriages.

Same Sex Marriage

Author: Jeanne Nagle
Publisher: The Rosen Publishing Group, Inc
ISBN: 1435835824
Size: 32.54 MB
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Provides information on same-sex marriage and different viewpoints on the issue.

Legalizing Gay Marriage

Author: Michael Mello
Publisher: Temple University Press
ISBN: 9781592137985
Size: 71.54 MB
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Lessons from the first states to grapple with gay marriage legislation.

Same Sex Marriage

Author: Tricia Andryszewski
Publisher: Twenty-First Century Books
ISBN: 0761380760
Size: 70.37 MB
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This book examines the history of the gay rights movement in the United States And The struggle for equal protection under the law, including the right for same-sex couples to marry. it provides the opinions and perspectives of leaders, activists, politicians, and ordinary Americans on both sides of the issue.